ROBERT E. SIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Simmons appeals the summary denial of his postconviction motion challenging his conviction for driving while license suspended as a habitual traffic offender, arguing he was improperly convicted under a statute lacking a knowledge requirement applicable to his prior offenses. The appellate court reversed because the trial court failed to attach critical records showing which statute was actually applied.
The court held that the trial court must remand for an evidentiary hearing or attach record portions conclusively demonstrating Simmons' entitlement to relief, as the motion was facially sufficient and unrefuted by the record. If convicted under section 322.34(5), Simmons would not be entitled to relief; if under section 322.34(2), the Huss precedent potentially applies.
[1] A motion for postconviction relief is facially sufficient and requires further proceedings if it is not refuted by record attachments.
[2] A defendant may be entitled to postconviction relief if their conviction for driving while license suspended was based on prior offenses committed under a statute lacking…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because the appellant's motion is facially sufficient and unrefuted by record attachments, we reverse for an evidentiary hearing or for the attachment of record portions that conclusively demonstrate that the appellant is not entitled to relief on this claim.”
Establishes the standard for reversal: when a postconviction motion is facially sufficient but lacks supporting record attachments, remand is required.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSimmons pleaded nolo contendere to driving while license suspended or revoked. He claimed the conviction was invalid because he was charged under sect…
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PER CURIAM.
The appellant appeals the summary denial of his rule 3.850 motion for postconviction relief, claiming his conviction for driving while license suspended as a multiple offender was invalid, involuntary, and the result of ineffective assistance of counsel where he did not qualify for the conviction based on his prior offenses. Because the appellant’s motion is facially sufficient and unrefuted by record attachments, we reverse for an evidentiary hearing or for the attachment of record portions that conclusively demonstrate that the appellant is not entitled to relief on this claim.
The appellant claims that he pled nolo contendere to driving while license suspended or revoked pursuant to section 322.34(2), Florida Statutes (2000), and under that statute could not receive an enhanced sentence for prior offenses committed under the previous statute which lacked the knowledge requirement contained in the current statute. See Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000). The trial court denied the motion, claiming that the appellant was charged and convicted as a habitual traffic offender pursuant to section 322.34(5), Florida Statutes (2001), and that, therefore, Huss did not apply. If in fact the appellant was convicted under section 5 of the 2001 statute, the appellant is not entitled to relief because that section does not contain a knowledge requirement. See Brown v. State, 764 So. 2d 741, 743-44 (Fla. 4th DCA 2000); State v. Cooke, 767 So. 2d 468, 469 (Fla. 4th DCA 1999). However, since the trial court did not attach any records showing which statute the appellant was charged and convicted under, it is impossible to determine whether his claim has merit. See Fla. R.Crim. P. 3.850(d) (2002).
Accordingly, we reverse and remand to the trial court for further consideration.
REVERSED and REMANDED.
BOOTH, BENTON and VAN NORTWICK, JJ., concur.
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Bowen v. State, 833 So. 2d 288 (Fla. 5th DCA 2002)…Statutes (2000). See Arthur v. State, 818 So. 2d 589, 590-91 (Fla. 5th DCA 2002). Finally, Huss has no application to a prosecution - under section 322.34(5) for driving while one’s license is suspended as a habitual offender. See Simmons v. State, 824 So. 2d 327 (Fla. 1st DCA 2002). AFFIRMED. HARRIS and SAWAYA, JJ., concur.…
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Pressley v. State, 837 So. 2d 531 (Fla. 5th DCA 2003)…PER CURIAM. AFFIRMED. See Bowen v. State, 833 So. 2d 288 (5th DCA 2002); Simmons v. State, 824 So. 2d 327 (Fla. 1st DCA 2002). THOMPSON, C.J., SAWAYA and MONACO, JJ., concur.…
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Cobb v. State, 971 So. 2d 864 (Fla. 2d DCA 2007)…victions for prior offenses were truly committed before October 1997, they cannot be used as qualifying offenses. However, the postconviction court failed to attach portions of the record conclusively refuting Mr. Cobb’s claim. See Simmons v. State, 824 So. 2d 327 (Fla. 1st DCA 2002) (reversing because record attachments did not conclusively refute movant’s allegations that he was erroneously convicted under section 322.34(2) when he did not have the qualifying offenses). Accordingly, we reverse and remand t…
Authorities Cited
- Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000)
- Brown v. State, 764 So. 2d 741 (Fla. 4th DCA 2000)
- State v. Cooke, 767 So. 2d 468 (Fla. 4th DCA 1999)